- 1 - HC-KAR NC: 2025:KHC:24499 CRL.P No. 13477 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 13477 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SYED LAYEEQ S/O LATE SYED ARIF, AGED ABOUT 31 YEARS, R/AT 1ST FLOOR, 3RD CROSS, NEAR RAJEEV GANDI SCHOOL, SHANTHI NAGARA, MYSURU-570019 2. SMT SHAMSHAD BEGUM W/O LATE SYED ARIF, AGED ABOUT 55 YEARS, RESIDENT OF CHAMALAPURADA HUNDI, WARD NO.27, NANJANGUD TOWN, MYSORE DISTRICT, MYSORE-571301 3. SYED WASIQ S/O LATE SYED ARIF, AGED ABOUT 31 YEARS, RESIDENT OF MATAD BEEDI, BEHIND BDO OFFICE, NANJANGUD TOWN, CHAMALAPURADA HUNDI, NANJANGUD TOWN, MYSORE DISTRICT, MYSORE-571301 …PETITIONERS (BY SRI. SRIDHAR A G, ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24499 CRL.P No. 13477 of 2023 AND: 1. STATE BY KARNATAKA WOMEN POLICE STATION, SHIVAMOGGA, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001. 2. SMT RAKHIBA KHANUM W/O SYED LAYEEQ, AGED ABOUT 29 YEARS, RESIDENT OF WADI-E-HUDA, 5TH CROSS, 2ND MAIN, SHIVAMOGGA CITY, SHIVAMOGGA-577201 …RESPONDENTS (BY SRI.VENKAT SATYANARAYAN, HCGP FOR R1; SRI.SATEESH CHANDRA.K.V, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE CRIMINAL PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.1850/2023 (CRIME NO.12/2022) ON THE FILE OF THE HONBLE II JMFC AT SHIVAMOGGA FOR THE ALLEGED OFFENCES P/U/S 498A, 504, 34 OF IPC AND 3 AND 4 OF D.P. ACT AND 75 OF J.J. ACT, 2015. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI - 3 - HC-KAR NC: 2025:KHC:24499 CRL.P No. 13477 of 2023 ORAL ORDER Petitioners who are arraigned as accused Nos.1 to 3, have filed this petition under Section 482 of the Code of Criminal Procedure, to quash the criminal proceedings initiated against them in C.C.No.1850/2023 (Cr.No.12/2022) on the file of II JMFC., Shivamogga, , for the offences punishable under Sections 498A, 504 r/w Section 34 IPC, Sections 3 and 4 of Dowry Prohibition Act and Section 75 of the Juvenile Justice (Care and Protection of Children), Act, 2015. 2. In support of the petition, the petitioners have contended that the complaint filed against them is not sustainable. In the FIR, five persons were arraigned as accused. However, charge sheet is filed against petitioners who are accused Nos.1 to 3. Accused Nos.2 and 3 are the mother and bother of accused No.1. They are residents of Nanjangud and never stayed at Mysuru with the complainant. They are not involved in the alleged offences. To harass them they are implicated. There are - 4 - HC-KAR NC: 2025:KHC:24499 CRL.P No. 13477 of 2023 no specific allegations against them. The complaint averments reveal that accused No.1 left respondent No.2 and went to her parental home about 8-9 months prior to the filing of complaint and was not in contact with her. It is denied that intentionally the child was burnt with hot water. Except the omnibus allegations, there are no specific role implicated against the petitioners and hence, the petition. 3. On the other hand learned High Court Government Pleader for respondent No.1 State and learned counsel for respondent No.2 would submit that the complainant, who has done Masters in Computer application was given in marriage to accused No.1 on 09.04.2014. At the time of marriage gold ornaments were given to the bride. Cash of Rs.1 lakhs, a gold finger ring weighing 10 gms and watch was given to accused No.1. These payments were made in the presence of accused Nos.2 and 3. - 5 - HC-KAR NC: 2025:KHC:24499 CRL.P No. 13477 of 2023 3.1 After the marriage, initially she resided with accused Nos.1 to 3 and the other brother and sister-in-law of accused No.1 at Ramanagar. Her sister-in-law Ayesha Begum was staying in a nearby house. Later all the three brothers shifted to Mysuru. The elder brother and his wife setup separate residence. Within 3-4 months of the marriage, the accused persons snatched her gold ornaments and the finger ring given to accused No.1 was also sold to pay the rent. Her gold ornaments were pledged/sold to pay advance. Accused No.1 was harassing the complainant to get money from her father to set up a business and took her to Shivamogga. When her father expressed his inability to pay any more money, she was left in the parental home. However, accused No.1 did not take her back as he is having an affair with a girl by name Amreen. 3.2 In the meanwhile, complainant became pregnant and after coming to know about it he did not choose to take her to the matrimonial home. From the cell phone of - 6 - HC-KAR NC: 2025:KHC:24499 CRL.P No. 13477 of 2023 accused No.1, complainant came to know about the plan made by accused No.1 to marry Amreen. When she questioned him, all the accused persons quarrel with her and went to Mysuru. All of them have blocked the number of complainant. After the delivery, though accused persons came and saw the child, later they did not attend the naming ceremony. After 2 1/2 months, she went to the matrimonial home with gold chain, finger ring, anklets for the child and other essential articles. 3.3 After she returned to the matrimonial home, the accused persons started harassing and ill treating her as to why she has returned. She was not even given food and neighbours used to help her. Accused No.1 forced her to give Rs.10,000/- and Rs.15,000/- available with her. They were giving threat of killing her by leaking the gas and injecting her. Even though her father purchased a TV, washing machine and fridge as demanded by the accused persons, accused persons were demanding to get cash for doing business. - 7 - HC-KAR NC: 2025:KHC:24499 CRL.P No. 13477 of 2023 3.4 They were also forcing her to sell the site belonging to her father and give money. Once intentionally, accused No.2 spilled hot water as a result of which her child sustained injuries. After COVID-19 Pandemic, accused No.1 left the complainant and her daughter at Shivamogga promising to start the business at Shivamogga, but did not return. He went on postponing. Without any alternative, she has filed the complaint. After conducting detailed investigation, charge sheet is filed, which makes out a strong prima facie case against the petitioners. The allegations are required to be proved in a full fledged trial and pray to dismiss the petition. 4. Heard arguments and perused the record. 5. From the material placed on record, it is evident that at the time of marriage, as demanded by the petitioners, gold ornaments were given to the complainant and cash of Rs.1 lakh, a gold finger ring and watch were given to accused No.1. For some time they stayed in - 8 - HC-KAR NC: 2025:KHC:24499 CRL.P No. 13477 of 2023 Ramanagar and later shifted to Mysuru. The detailed investigation conducted by the concerned police support the allegations made in the complaint that the accused persons were harassing and ill treating the complainant to get money from her father. They have pledged/sold gold ornaments given at the time of marriage. After the birth of daughter, when complainant returned to the matrimonial home along with the child, again the petitioners started to harass her. She was starved. They have gone to the extent of burning the child with hot water. 6. There are specific allegations against each of the petitioners. Accused No.1 has also forcibly extracted money available with the complainant. Even though her father purchased TV, washing machine and fridge as demanded by the petitioners, they were forcing her father to sell the site and pay the money to set up business. Accused No.1 was also planning to marry again and for this reason did not want complainant and the child to live with them and therefore, left them at Shivamogga. After - 9 - HC-KAR NC: 2025:KHC:24499 CRL.P No. 13477 of 2023 waiting desperately for accused No.1 to take them back, she has filed the complaint. 7. Charge sheet makes out a strong prima facie case, which is required to be proved at trial. Therefore, it is not a case for quashing the criminal proceedings and accordingly, the following: ORDER (i) Petition filed by accused Nos.1 to 3 under Section 482 of Cr.P.C, is hereby rejected. (ii) The Registry is directed to send a copy of this order to the trial Court through e- mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 44